3 glossary on migration 2nd edition

	Glossary on Migration
screening	The process of checking for a particular attribute or
	ability. In the migration context, a preliminary (often
	cursory) review to determine if a person is ‘prima
	facie’ eligible for the status applied for.
	See also prima facie
seafarer	In the migration context, the term refers to a migrant
	worker employed on board a vessel registered
	in a State of which he or she is not a national
	(includes persons on shipping vessels) (Art. 2(2)(c),
	International Convention on the Protection of the
	Rights of All Migrant Workers and Members of Their
	Families, 1990).
	See also migrant worker
seasonal migrant worker/	A migrant worker whose work, or migration for
migration	employment, is by its character dependent on seasonal
	conditions and is performed only during part of the
	year (Art. 2(2)(b), International Convention on the
	Protection of the Rights of All Migrant Workers and
	Members of Their Families, 1990).
	Seealsoeconomicmigrant,migrantworker,temporary
	migrant worker
secondary inspection	In cases of doubt in the primary inspection during the
	admission procedure, or if the applicant appears on a
	lookout system, the applicant undergoes an interview
	or additional investigation.
	Seealsointerview,lookoutsystem,primaryinspection
secondary migration	A movement of a migrant within a host country or to
	a third country, away from the community in which
	he or she originally resided.
self-employed migrant	“A migrant worker who is engaged in a remunerated
worker	activityotherwisethanunderacontractofemployment
	and who earns his or her living through this activity
	normally working alone or together with members of
	his or her family, and [to] any other migrant worker
	recognized as self-employed by applicable legislation
	of the State of employment or bilateral or multilateral
	agreements” (Art. 2(2) (h), International Convention
	ontheProtectionoftheRightsofAllMigrantWorkers
	and Members of Their Families, 1990).
	See also migrant worker

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sending country	A country from which people leave to settle abroad
	permanently or temporarily.
	See also country of origin, State of origin
sensors	Equipment designed to detect the movement or
	presence of persons.This includes motion sensors and
	carbondioxidesensors.Somesensorsrequireahuman
	operator, while others are fixed in remote places along
	theborderandtransmitinformationtoabordercontrol
	facility.
	See also carbon dioxide sensors
separated children	Childrenwhoareseparatedfrombothparents,orfrom
	their previous legal or customary primary caregiver,
	but not necessarily from other relatives. These may,
	therefore, include children accompanied by other
	family members. In the terms of the Statement of
	Good Practice, 2004 in the Separated Children in
	Europe Programme (SCEP), separated children are
	“children under 18 years of age who are outside their
	country of origin and separated from both parents or
	their previous legal/customary primary caregiver.”
	The SCEP uses the term “separated” rather than the
	term“unaccompanied”because“whilesomeseparated
	childrenappeartobe“accompanied”whentheyarrive
	inEurope,theaccompanyingadultsarenotnecessarily
	ableorsuitabletoassumeresponsibilityfortheircare.”
	See also child, minor, unaccompanied children
servitude	State of a person deprived of liberty and subservient
	to another person.
	See debt bondage, exploitation, slavery, worst forms
	of child labour
sexual assault	Actual or threatened physical intrusion of a sexual
	nature by force or under unequal or coercive condi-
	tions.
	See also rape
sexual exploitation	Any actual or attempted abuse of a position of
	vulnerability, power differential, or trust, for sexual
	purposes, including, but not limited to, profiting
	monetarily, socially, or politically from the sexual
	exploitation of another.

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	Glossary on Migration
short-term migrant	A person who moves to a country other than that of
	his or her usual residence for a period of at least three
	months but less than a year, except in cases where the
	movementtothatcountryisforpurposesofrecreation,
	holiday, visits to friends or relatives, business or
	medical treatment. For purposes of international
	migration statistics, the country of usual residence of
	short-term migrants is considered to be the country of
	destination during the period they spend in it.
	See also long-term migrant, permanent settlers,
	temporary migrant workers
skilled migrant	Amigrant worker who, because of his or her skills or
	acquired professional experience, is usually granted
	preferential treatment regarding admission to a host
	country (and is therefore subject to fewer restrictions
	regarding length of stay, change of employment and
	family reunification).
	See also highly skilled migrant, less/low-skilled and
	semi-skilled migrant worker, qualified national
slavery	The status or condition of a person over whom any
	or all the powers attaching to the right of ownership
	are exercised (Art. 1, Slavery Convention, 1926 as
	amended by 1953 Protocol). Slavery is identified by
	an element of ownership or control over another’s
	life, coercion and the restriction of movement and by
	the fact that someone is not free to leave or to change
	employer (e.g., traditional chattel slavery, bonded
	labour, serfdom, forced labour and slavery for ritual
	or religious purposes).
	See also bonded labour, child labour, debt bondage,
	servitude, worst forms of child labour
smuggled person/migrant	Amigrant who is enabled, through providing financial
	or material benefit to another person, to gain illegal
	entry into a State of which he or she is not a national
	or a permanent resident.
smuggler (of migrants)	An intermediary who moves a person by agreement
	with that person, in order to transport him/her in
	an unauthorized manner across an internationally
	recognized state border.
	See also smuggling

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smuggling	“The procurement, in order to obtain, directly or
	indirectly, a financial or other material benefit, of the
	illegal entry of a person into a State Party of which the
	person is not a national or a permanent resident” (Art.
	3(a),UNProtocolAgainsttheSmugglingofMigrants
	by Land, Sea and Air, supplementing the United
	NationsConventionagainstTransnationalOrganized
	Crime,2000).Smuggling,contrarytotrafficking,does
	not require an element of exploitation, coercion, or
	violation of human rights.
	See also assets forfeiture, carbon dioxide sensors,
	illegal entry, organized crime, Palermo Protocols,
	sensors,smuggler(ofmigrants),traffickinginpersons
social capital transfer	Competencies, skills, knowledge, practices and ideas
	transmitted by international migrants to their country
	of origin.
	See also remittances
soft law	Standards that are not legally binding.
	See also best (effective) practices, capacity building,
	regional consultative process
source country	See country of origin, sending country
sovereignty	Sovereigntyasaconceptofinternationallawhasthree
	major aspects: external, internal and territorial. The
	external aspect of sovereignty is the right of the State
	freely to determine its relations with other States or
	otherentitieswithouttherestraintorcontrolofanother
	State. This aspect of sovereignty is also known as
	independence. The internal aspect of sovereignty is
	the State’s exclusive right or competence to determine
	the character of its own institutions, to enact laws of
	its own choice and ensure their respect.The territorial
	aspect of sovereignty is the authority which a State
	exercises over all persons and things found on, under
	or above its territory. In the context of migration,
	this means the sovereign prerogative of a State to
	determine which non-nationals should be admitted
	to its territory subject to the limitations of the non-
	refoulementprinciple, human rights, and provisions in
	bilateral or regional agreements (e.g. free movement
	or integration agreements).
	See also border management, human rights, jurisdic-
	tion, non-refoulement, personal jurisdiction, State,
	territorial jurisdiction, universal jurisdiction

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	Glossary on Migration
specified-employment worker	A migrant worker: (i) Who has been sent by his or
	her employer for a restricted and defined period of
	time to a State of employment to undertake a specific
	assignmentorduty;or(ii)Whoengagesforarestricted
	and defined period of time in work that requires
	professional, commercial, technical or other highly
	specialized skill; or (iii) Who, upon the request of his
	or her employer in the State of employment, engages
	for a restricted and defined period of time in work
	whosenatureistransitoryorbrief;andwhoisrequired
	to depart from the State of employment either at the
	expiration of his or her authorized period of stay, or
	earlier if he or she no longer undertakes that specific
	assignment or duty or engages in that work (Art. 2(2)
	(g),InternationalConventionontheProtectionofthe
	Rights of All Migrant Workers and Members of Their
	Families, 1990).
	See also migrant worker
sponsorship	The act of promising support, in particular financial
	support, for a non-national who seeks to enter and stay
	in the State, generally for a defined period of time.
	Some States require either sponsorship or proof of
	adequate income as a condition of entry for certain
	categories of migrants as well as visitors.
	See also affidavit (of support), bond, guarantee
spontaneous migration	An individual or group who initiate and proceed with
	their migration plans without any outside assistance.
	Spontaneous migration is usually caused by push-
	pull factors and is characterized by the lack of State
	assistanceoranyothertypeofinternationalornational
	assistance.
	Seealsoassistedmigration,assistedvoluntaryreturn,
	push-pull factors, spontaneous return
spontaneous return	The voluntary, independent return of an individual
	or group, including refugees, internally displaced
	persons (IDPs), or asylum-seekers, to their country of
	origin, usually without the support of States or other
	international or national assistance.
	See also assisted voluntary return, spontaneous
	migration, voluntary return
standard of proof	The degree or level of persuasiveness of the evidence
	required in a specific case. For example, in the refugee
	context, ‘well-founded’ is a standard of proof when
	assessing the fear of persecution.

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State	A political entity that has legal jurisdiction and
	effective control over a defined territory and the
	authority to make collective decisions for a permanent
	population; a monopoly on the legitimate use of force;
	and an internationally recognized government that
	interacts, or has the capacity to interact, in formal
	relations with other entities. The criteria of statehood
	for purposes of international law are commonly
	held to be possession of a permanent population, a
	defined territory, government and capacity to enter
	into international relations with other States (Art. 1,
	Montevideo Convention on the Rights and Duties of
	States, 1933).
	See also sovereignty, subject of international law
State of employment	“A State where the migrant worker is to be engaged,
	is engaged or has been engaged in a remunerated
	activity, as the case may be” (Art. 6(b), International
	Convention on the Protection of the Rights of All
	Migrant Workers and Members of Their Families,
	1990).
	See also migrant worker, receiving country
State of origin	“TheStateofwhichthepersonconcernedisanational”
	(Art.6(a),InternationalConventionontheProtection
	of the Rights of All Migrant Workers and Members of
	Their Families, 1990).
	See also country of origin, sending country, third
	country
State of refuge	State granting territorial asylum.
	See also asylum (territorial), right of asylum
State of transit	In a general sense, a State through which an individual
	travels during his or her journey towards a destination
	country.
	In terms of Art. 6(c) International Convention on the
	Protection of the Rights of All Migrant Workers and
	Members of Their Families, 1990, a State of transit is
	“any State through which the person concerned passes
	on any journey to the State of employment or from
	the State of employment to the State of origin or the
	State of habitual residence.”
	See also country of transit, third country, transit,
	transit passengers, transit visa

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	Glossary on Migration
stateless person	“A person who is not considered as a national by
	any State under the operation of its law” (Art. 1, UN
	ConventionrelatingtotheStatusofStatelessPersons,
	1954). As such, a stateless person lacks those rights
	attributable to nationality: the diplomatic protection
	of a State, no inherent right of sojourn in the State
	of residence and no right of return in case he or she
	travels.
	See also de facto statelessness, nationality
statelessness	The condition of an individual who is not considered
	as a national by any State under its domestic law.
	Statelessness may result from a number of causes
	including conflict of laws, the transfer of territory,
	marriagelaws,administrativepractices,discrimination,
	lack of birth registration, denationalization (when
	a State rescinds an individual’s nationality) and
	renunciation (when an individual refuses the
	protection of the State).
	Seealsodefactostatelessness,denationalization,loss
	of nationality, nationality, renunciation
step migration	Whereapersonmovestooneormorelocationswithin
	the country before emigration to another country, or
	from one country to another before moving to his or
	her ultimate or final country of destination.
student	Aperson following a course of study at an accredited
	institution.
stock (foreign)	The number of foreign nationals in a given area on a
	certain date (e.g. 1 January or 31 December) of the
	year in question.
	See also migrant flow
subject of international law	An entity possessing international legal personality
	and that, therefore, under that title, holds rights and is
	subject to obligations in international law. States were
	originally the only subjects of international law. Other
	subjects of international law have been identified
	over time, essentially international organizations and
	private persons. The extent of their legal personality
	is variable, but it is always more limited than that of
	States.
	See also international law (public), international
	organization, State

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suit	Any proceeding by a party or parties against another
	in a court.
summons	Anoticerequiringapersontoappearincourtorbefore
	anadministrativeagencytoserveasajurororwitness.

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	Glossary on Migration
	T
technical cooperation	Coordinated action in which two or several actors
	share information and expertise on a given subject
	usually focused on public sector functions (e.g.
	development of legislation and procedures, assistance
	with the design and implementation of infrastructure,
	or technological enhancement).
	See also best (effective) practices, capacity building
temporary (labour)	Migration of workers who enter a foreign country for
migration	a specified limited period of time before returning to
	the country of origin.
temporary migrant workers	Skilled, semi-skilled or untrained workers who
	remain in the destination country for definite periods
	as determined in a work contract with an individual
	worker or a service contract concluded with an
	enterprise. Also called contract migrant workers.
	See also seasonal worker, short-term migrant
temporary protection	AnarrangementdevelopedbyStatestoofferprotection
	of a temporary nature to persons arriving en masse
	from situations of conflict or generalized violence,
	without prior individual status determination.
temporary travel documents	Documents issued to individuals, who are most often
	without passports, to enable them to return to their
	country of origin. Typically, such documents are
	issued for a short duration of time and expire upon
	the owners’ entry into their country of origin.
	Seealsocertificateofidentity,laissez-passer,passport,
	traveldocuments,traveldocuments(Convention),visa
territorial asylum	See asylum (territorial)
territorial jurisdiction	Jurisdiction over cases arising in or involving persons
	residingwithinadefinedterritory.Alsoaterritoryover
	which a government, one of its courts, or one of its
	subdivisions has jurisdiction.
	See also jurisdiction, sovereignty
territorial sea	The adjacent belt of sea over which the sovereignty
	of the costal State extends. The territorial sea may not
	extend beyond twelve nautical miles.
	See also contiguous zone, high seas

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terrorism	In the absence of a generally accepted definition under
	international law, “terrorism” can be defined as the
	intentional and systematic use of actions designed
	to provoke terror in the public as a means to certain
	ends. Terrorism can be the act of an individual or a
	group of individualsactingin theirindividual capacity
	or with the support of a State. It may also be the act
	of a State, whether against the population (human
	rights violations such as forced labour, deportation,
	genocide, etc.), or in the context of an international
	armed conflict against the civil population of the
	enemy State. Certain categories of terrorist acts are
	specifically mentioned by the international treaties
	annexed to the International Convention for the
	Suppression of Financing of Terrorism, 1999. This
	same Convention qualifies terrorism as “any act
	intended to cause death or serious bodily injury to a
	civilian,ortoanyotherpersonnottakinganactivepart
	in the hostilities in a situation of armed conflict, when
	the purpose of such act, by its nature and context, is
	to intimidate a population, or to compel a government
	or an international organization to do or abstain from
	doing an act.”(Art. 2(1)(b)).
	See also crime, international
third country	A country or territory other than one within the
	European Union.
third-country national	Means any person who is not a citizen of the Union
	within the meaning of Article 17(1) of the Treaty
	establishing the European Community, including
	stateless persons.
torture	“Any act by which severe pain or suffering, whether
	physicalormental,isintentionallyinflictedonaperson
	for such purposes as obtaining from him [or her] or
	a third person information or a confession, punishing
	him [or her] for an act he [or she] or a third person
	hascommittedorissuspectedofhavingcommitted,or
	intimidating or coercing him [or her] or a third person,
	or for any reason based on discrimination of any kind,
	when such pain or suffering is inflicted by or at the
	instigation of or with the consent or acquiescence
	of a public official or other person acting in an
	official capacity. It does not include pain or suffering
	arising only from, inherent in or incidental to lawful
	sanctions” (Art. 1, Convention Against Torture and

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